East Brunswick Opposes State Bill That Would Limit Local Control Over Affordable Housing

EAST BRUNSWICK, NJ — The East Brunswick Township Council passed a resolution opposing New Jersey Senate Bill S-1836, arguing the legislation would significantly reduce municipal control over affordable housing decisions and undermine the township's land use boards.

Council President Dana Zimbicki said the essence of the bill is to reduce municipal control over affordable housing by allowing the state to make determinations that would undermine the township's planning and zoning boards, including the ability to challenge decisions.

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"It is allowing essentially religious groups to apply for housing on their properties to meet our affordable housing" obligations, Zimbicki said, noting that since religious organizations don't pay property taxes, residents in that affordable housing would not contribute to the tax base, creating what she called a domino effect for the township.

Zimbicki said the bill might work for urban areas but isn't suited for a suburban community like East Brunswick. She also noted the legislation's committee substitute authorizes up to $250 million in bonds and appropriates $50 million for assistance programs, which she said raises concerns that taxpayers could end up subsidizing the program.

"This resolution is in opposition to this bill because we feel that it would take control away from East Brunswick" to determine where affordable housing is located, Zimbicki said. She noted the township is already mandated to meet certain affordable housing requirements and follow rules limiting how much can be concentrated in one location, but said the township currently retains the ability to determine those locations itself rather than having the state dictate them.

According to the resolution, municipalities are required to establish and periodically update a Municipal Master Plan addressing land use, housing, infrastructure and community character, a process the township said is completed at great cost and with significant community input. The resolution states municipalities are best suited to understand and plan for their own community needs.

The resolution argues S-1836 is "particularly egregious" because it would require only 20% of units in qualifying developments to be affordable, with the remaining 80% at market rate, even as more than 400 New Jersey municipalities have already adopted plans to meet their Fourth Round affordable housing obligations. It further states the bill would bypass local planning processes to allow increased density and height "regardless of a municipality's ability to ensure safety."

The resolution states that worthy development projects could and should go through the local planning and zoning process to engage the public, and calls S-1836's bypass of that process "an egregious assault on municipal autonomy and local decision making."

The council resolved to urge the state legislature to defeat S-1836 and similar legislation. Copies of the resolution will be forwarded to state Sen. Patrick Diegnan, Assemblymembers Sterley Stanley and Robert Karabinchak, Gov. Mikie Sherrill, and the New Jersey State League of Municipalities.

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